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or from any other cause, it shall be the duty of the Governor to appoint a competent successor, subject to the ratification of the Senate, as other civil appointments made by the Governor; and the inspector so appointed shall in all respects conform to the requirements of law. All appointments under this section shall be for the unexpired term of four years.
3543. [R. S. 1843.] The Governor, by and with the advice and consent of the Senate, shall appoint a competent person, a citizen of the State of Louisiana, to act as treasurer to the said Board of Inspectors. The salary of the treasurer shall be two thousand five hundred dollars per annum.
The treasurer shall take an oath faithfully to discharge the duties of his office, and shall give bond, with two good securites, in the sum of ten thousand dollars each, for the faithful performance of the duties of his office; said bond to be approved by the Secretary of State, and each security to make oath that he is worth, over and above all his debts, the amount for which he is security.
In case of a vacancy in said office the Governor shall supply the place as soon as practicable, in the same manner pointed out for the appointment of inspectors in case of vacancy.
3544. [R. S. 1844.] It shall be the duty of the treasurer to keep the books and accounts of all moneys received and disbursed, and collect all fees, and provide for the safe keeping of them; to pay all expenses incurred, all bills of which to be approved by the Board of Inspectors.
He shall, at the end of each month, pay to each inspector (all other demands upon the treasury being satisfied), equal portions of any moneys in his hands; provided, that these payments do not exceed, to each inspector, a salary of four thousand dollars per annum at the close of each year, commencing on the first day of November.
Should there be any balance in his hands after paying the clerks, laborers, rents of warehouses, and all the expenses of the inspection, it shall be appropriated as follows; The surplus funds remaining in the hands of the treasurer of the tobacco inspector shall, at the end of each year, be deposited by him in the hands of the Treasurer of the State, to be held by him as a reserved fund for the benefit of the tobacco trade of this city, at the dis cretion of the Legislature of this State; and said fund may be,
from time to time, vested in the purchase of ground and the erection of buildings thereon for the storage of tobacco, the object being thereby to reduce the charges on tobacco brought to this market for sale, the State not to derive revenue from the receipts of such property, the Legislature having the power, at their discretion, to dispose of property so purchased, and buildings, and reinvesting, for the same purposes, the amount received, whenever it shall be desirable, by the increase of the city and the advanced value of such property.
He shall furnish to the State Treasurer monthly abstracts of all moneys received and disbursed by him, which shall be approved by the Board of Inspectors. The Treasurer shall be prohibited from being interested in any manner in the warehouses, as before provided.
For any wilful violation of the duties of his office, he may be proceeded against by information or indictment, and on conviction shall be deprived of his office and fined not less than five hundred nor more than two thousand dollars.
For any corrupt or fraudulent conduct in the discharge of the said office, or for any defalcation in the payment of the funds entrusted to the said Treasurer, upon conviction he shall be imprisoned in the penitentiary not less than three months nor more than five years. But nothing herein shall be so construed as to exempt the Treasurer from liability in civil suits, for damages or loss any party may have sustained by his neglect or wrongful act. Books Open to Examination.
3545. [R. S. 1845.] The books required to be kept by the treasurer, the Board of Inspectors and the clerks of the warehouses, shall at all times be accessible to examination by the executive officer of this State, and all persons interested; and all the entries shall be evidence against the inspectors and the officers keeping them, in civil and criminal cases.
Expenses Must Be Paid Out of Inspection Fees.
3546. [R. S. 1846.] Nothing herein shall be so construed as to authorize any charge upon the treasury of the State for any of the salaries or expenses, the fees of inspection being the fund out of which they are to be paid.
3547. [R. S. 1847.] In case either of the inspectors shall be unable to attend to his duties on account of sickness, he may
nominate a deputy to the board, who, if accepted by the majority of said board, shall do and perform, for a term not longer than forty-five days, the duties of the said principal inspector, he being responsible for all the acts of said deputy.
INSPECTION OF BEEF AND PORK.
3548. [R. S. 1848.] The Governor is required to appoint, by and with the advice and consent of the Senate, three Repackers and Inspectors of Beef and Pork for the city of New Orleans.
Stores and Yards.
[R. S. 1849.] The inspectors and repackers shall provide themselves with good and sufficient stores or yards, capable of receiving and storing such beef and pork as may be brought to them for inspection, in such places as shall be most convenient to employers, and best calculated to facilitate their business; but nothing shall be allowed for storage for any beef or pork inspected by them, if taken away within three days after notice given to the owner, or his agent, of its being inspected and repacked; provided, that no beef or pork shall be inspected or repacked in any part of the city and suburbs between Garrison and Girod Streets.
3550. [R. S. 1850.] [R. S. 1850.] All barrels shall be made of good seasoned oak or ash, free from every defect; and every barrel shall contain two hundred pounds of beef or pork, the barrel not to measure more than eighteen inches across the head, and twenty-eight long, to be hooped with at least twelve good substantial hoops; the barrel to be branded on the bilge with at least the initials of the cooper's name and weight which is contained in each barrel, and also to be branded with the first letters of the Christian name and the surname at full length of the inspector.
Grades of Pork.
3551. [R. S. 1851.] The inspectors and repackers shall carefully inspect all beef and pork, and shall brand only such as shall be well fattened; the best quality shall be denominated "Mess Pork," and shall consist of none but the sides of good
fat hogs, and the barrels containing it shall be branded on one of the heads, "Mess Pork."
The second quality shall be denominated "Prime," of which there shall not be in a barrel more than three shoulders, the legs being cut off at the knee joint; the barrel shall not contain more than twenty-four pounds of head, which shall have the ears and snout cut off at the opening of the jaws, and the brains and the bloody grizzle taken out, and the rest of the pork, to constitute a barrel of prime pork, shall be made up of sides, necks and tail pieces; and on the head of every barrel of such pork shall be branded, "Prime Pork."
The third quality of pork shall be denominated "Cargo Pork," of which there shall not be in a barrel more than thirty pounds of head and four shoulders, and it shall otherwise be merchantable pork, and shall be branded on one head of each barrel, "Cargo Pork."
Grades of Beef.
3552. [R. S. 1852.] All beef to be repacked for exportation shall be of fat cattle, and shall be cut into pieces, as square as may be, and shall not exceed twelve nor be less than four pounds weight; and all beef which shall be fat and merchantable, shall be sorted and divided into three different classes, to be denominated as Mess, Prime and Cargo.
Mess shall consist of the choicest pieces of large, well fattened beef, without hocks, shanks, clods or necks; each barrel to contain two hundred pounds of beef, and to be branded on the head, "Mess Beef." Prime beef shall consist of the choicest pieces of fat cattle, with not more than one-half neck nor more than two flanks, with the hocks cut off the hind legs, in the smallest place above the joint, in a barrel, and branded, "Prime Beef," on one head.
Cargo beef shall be of fat cattle, with a proportion of good pieces, and not more than one-half of necks, three flanks, with the hocks cut off in the same manner as in prime, in a barrel, and to be otherwise merchantable, and to be branded, "Cargo Beef." The repacker shall not put less than two pecks of coarse salt, and six ounces of saltpetre in each barrel, and shall fill it with pickle as strong as salt can make it.
3553. [R. S. 1853.] If any inspector shall be guilty of neglect or fraud, or shall in any way violate the duties imposed on him by law, he shall be liable to a fine of fifty dollars, to be recovered before any court of competent authority, one-half to the benefit of the informer; and, moreover, shall be liable for damages to any person aggrieved.
3554. [R. S. 1854.] If any person shall intermix, take out, or shift any beef or pork, packed and branded, as herein provided, or put in any other beef or pork, for sale or exportation, or alter, change or deface any brand or mark of any inspector, said person shall, for every offense, pay a fine of forty dollars, one-half for the use of the informer; and, moreover, shall be liable for damages to any person aggrieved.
Inspector Not to Deal in Beef or Pork.
3555. [R. S. 1855.] No inspector and repacker of beef and pork shall buy or sell more than shall be necessary for his own consumption.
Enforcement of Fees.
3556. [R. S. 1856.] No beef or pork that shall have been inspected and repacked shall be taken from the stores and yards of the inspectors, unless all the expenses be previously paid, and no owner or seller of beef and pork shall suffer the same, after inspection, to remain more than twelve hours exposed to the sun, or to bad weather.
[R. S. 1857.] The inspectors and repackers shall be entitled to demand and receive for every barrel of pork or beef they shall inspect, repack and salt, thirty-three cents and one-third, besides the price of the salt, saltpetre and other extra services.
Disposition of Penalties.
3558. [R. S. 1858.] All the proceeds of property forfeited and penalties incurred on the subject of the inspection of beef and pork shall be, one-half for the benefit of the asylum for orphan boys in the city of New Orleans, and the other half for the person prosecuting in the name of the State.